Financial Disputes

Disputes relating to the lack of financial provision made by the deceased under the terms of their will or by the intestacy rules, arise frequently. This is because of the increase in second families and very frequently, because the deceased failed to appreciate the moral obligation that they are expected to make to their family, be that former or present when they die.

The courts can be invited to intervene in such cases. There is only a limited category of individuals that can make such an application and we can help you in either asserting or defending such actions. These type of claims are dealt with by and act know as ‘The Inheritance (Provision For Family and Dependants) Act 1975’. There are very strict timescales in dealing with an application and we can ensure that this is actioned.

The essence of such applications are that the deceased did not make adequate financial provision either in their will or because of the operation of the intestacy rules.

It might be surprising to know that if you lived with the deceased as a cohabitee, that the intestacy rules will not protect you in any way. Unless you have jointly owned assets you will need to make a claim under this act if the deceased leaves you with nothing. A house that was held in joint names will pass to the surviving party provided there was no tenancy in common. The act may help you with this.

We can assist all parties that might become involved in such disputes, including a claimant or an executor. It may also be an interested beneficiary who is brought into the action because they are simply named in the will.

It has to be remembered that these matters also follow a strict court procedure and that thankfully most cases do settle without judicial intervention. However if any party to the dispute is under 18 years, any agreement that is reached will need to be approved by the court. If the terms of any settlement are negotiated correctly the court will likely approve the terms without any problem.

We have considerable expertise in this area and will assist you from start to finish. The documentation of a settlement is essential to give clarity and security for the future and we will ensure that it is structured to give you the maximum protection whether you are an executor or applicant.

Contact SAS Daniels

For more information or advice regarding Financial disputes, please contact a member of the team using the contacts listed below.

Nicola Moulds

“I would like to express in writing our thanks to you for the courteous and most efficient way you have handled the matter. You may rest assured that should I require any legal assistance in future, I will come straight to you.”

michael J Shaw

“I would like to thank you so much for all the work you have done. You made it so much easier for me to understand the complexities and I appreciate very much that there were no death duties to pay, undoubtedly due to your skill and understanding of the law.”

David Hartshorn

“Helen Gowin has done an excellent job looking after my husband’s estate. I am extremely grateful to her for what they did on my behalf & would certainly use SAS Daniels for any further work I might need.”

Beryl Casswell

“The firm’s communication is exceptional and makes for very smooth working.”

Flexible

We are flexible in our working hours to make the process of signing papers and discussing estate administration easier for clients who may need to travel a distance.

We care

We have re-homed a number of pets for people who have died – we appreciate they are also a key member of your family and need looking after.

Support

We act as executors for clients who have no close family and will liaise with funeral directors to arrange the funeral and arrange for the wishes of the deceased to be carried out after their death.

FAQs

What happens if the person who has died hasn’t made a Will?

If someone dies without a valid will they are intestate. There is an order of people who can then deal with the estate and inherit it. Please speak to our team for advice about seeing who is entitled to deal...

How many executors need to act?

You can appoint up to four people to act as executors in your will but normally one or two will act in the estate. It is better to appoint at least two as if one of them is not able...

What is a Grant of Probate?

A Grant of Probate is a court order which gives authority to the executors to deal with a deceased’s estate. If there was no valid will, the order is know as a Grant of Letters of Administration and is issued...

What do I need to do when someone dies?

There are a number of steps to take immediately after a death, including registering the death and contacting the executors if the deceased made a will. See the attached Probate Checklist for more information on the estate administration process and...